Kansas
Criminal Defense LawyerMark Hagen, Attorney at Law
Law Offices of Mark Hagen
6405 Metcalf Ave, Suite #202
Overland Park, Kansas 66202
(866) 382-8646
Fight You Kansas Bad Checks/Forgery/Fraud Charge!
Writing a bad check or committing some other act of financial fraud is typically an action committed by a person in financial stress. If you are being accused of fraud, forgery, or other white collar crimes, that can only add to your difficult situation. Call me for a consultation on your case and rest easy knowing my job is to help you get out of this jam.
Even if you made a mistake in a desperate moment, you deserve to be treated fairly, with respect, and given a chance to fix the situation and get back on your feet. I understand that, and will help you get back on track, and get you legal situation resolved favorably. Please call me to find out what I can do to help you.
Worthless Checks / Bad Checks Penalties
Writing a bad check on a closed account or an account that you know does not have sufficient funds is a serious crime. Just how serious depends on the amount of the check. All merchants and banks can charge fees on checks that are returned to them. However, criminal charges may also be filed. If the check is valued at:· Less than $1,000(class A non-person misdemeanor)· Less than $1,000 with another bad check conviction within 5 years (Level 9 felony)· $1,000-$25,000(Level 9 non-person felony)· $25,000- $100,000(Level 7 non-person felony) The potential sentence is:· Fines of up to $2,500 and up to 1 year in prison (typically probation)· 5-17 months (typical 6 month sentence for second criminal offense)· 5-17 months (typical 6 month sentence for first criminal offense)· 11-34 months (typical 12 month sentence for first criminal offense)
| Amount of Check | Penalty/Sentence | Criminal Charge |
|---|---|---|
| Under $1,000 | Fines of up to $2,500 and up to 1 year in prison (typically probation) | Class A non-person misdemeanor |
| Under $1000( if previous conviction within 5 years) | 5-17 months (typical 6 month sentence for second bad checks offense) | Level 9 non-person felony |
| $1,000 - $25,000 | 5-17 months (typical 6 month sentence for first criminal offense) | Level 9 non-person felony |
| $25,001 - $100,000 | 11-34 months (typical 12 month sentence for first criminal offense) | Level 7 non-person felony |
If you write more than one bad check in a seven day period the value of the combined checks is used to determine the severity of the crime. (See Bad/Worthless Checks Laws KSA 21-3707)
Kansas Forgery Laws
If you make, alter, deliver, or even possess any written document or “instrument” in a way to make it appear as though it has been made by another person (real or fictitious) and you do so with an intent to defraud (gain financial benefit) you may be charged with forgery. This can apply to forged checks, credit cards, or any financial or legal document. Forgery is a Level 8 non-person felony and has mandatory sentences. This means that if you are convicted you could face 7-23 months in prison as well as additional mandatory elements.
If you have prior forgery convictions, they will be used against you to determine certain mandatory penalties of your sentence.
Forgery Penalties
For a first offense forgery conviction in Kansas, you are likely facing: Fines of $500 or the value of the forged instrument, whichever is less.
If you have One prior forgery conviction, a second offense forgery charge will result in: Mandatory 30 days in prison and fines of $1,000, or the value of the forged instrument, whichever is less.
If you have two or more prior forgery convictions (a third offense forgery charge) you are facing a Mandatory 45 days in prison and fines of $2,500 or the value of the forged instrument, whichever is less.
As you can see, the mandatory minimum sentences for 2nd and 3rd offense forgery charges have required jail time. If you have prior convictions, we will try to get the charges reduced to a lesser offense. You may be entitled to probation following any mandatory prison term. (See Kansas Forgery Laws KSA 21-3710)
Identity Fraud/ Identity Theft
Identity theft is rapidly becoming more common. Due to public vulnerability and fear, judges can tend to sentence this crime quite harshly. If you use, possess, or obtain someone else’s identification or identification numbers (drivers license, social security) you may be charged with this offense. Both identity fraud and identity theft are non person Level 8 felonies punishable by up to 7-23 months in prison. If, however, the crime results in financial loss of over $100,000 to the victim, it becomes a Level 5 felony punishable by 31-136 months dependent on your criminal history.
(See Kansas Identity Fraud / Identity Theft laws KSA 21-4018 )
Please contact me for help on any fraud, forgery, or bad checks charge in
Kansas. I'll talk to you and let you know how I can help you work out the best
outcome for this situation. Call me now at my Kansas City criminal law office at (866) 382-8646.
- Attorney Mark Hagen